S T A T E O F N E W Y O R K
________________________________________________________________________
1299
2023-2024 Regular Sessions
I N A S S E M B L Y
January 17, 2023
___________
Introduced by M. of A. BUTTENSCHON, SANTABARBARA -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law, in relation to increasing the offense
classification for certain assault offenses regarding police officers
and peace officers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 120.05-a
to read as follows:
§ 120.05-A ASSAULT IN THE SECOND DEGREE ON A POLICE OFFICER OR PEACE
OFFICER.
A PERSON IS GUILTY OF ASSAULT IN THE SECOND DEGREE ON A POLICE OFFICER
OR PEACE OFFICER WHEN WITH INTENT TO PREVENT A POLICE OFFICER, AS
DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL
PROCEDURE LAW, OR A PEACE OFFICER, AS DEFINED IN SECTION 2.10 OF THE
CRIMINAL PROCEDURE LAW, FROM PERFORMING A LAWFUL DUTY, BY MEANS INCLUD-
ING RELEASING OR FAILING TO CONTROL AN ANIMAL UNDER CIRCUMSTANCES EVINC-
ING THE ACTOR'S INTENT THAT THE ANIMAL OBSTRUCT THE LAWFUL ACTIVITY OF
SUCH POLICE OFFICER OR PEACE OFFICER, HE OR SHE CAUSES PHYSICAL INJURY
TO SUCH POLICE OFFICER OR PEACE OFFICER.
ASSAULT IN THE SECOND DEGREE ON A POLICE OFFICER OR PEACE OFFICER IS A
CLASS C FELONY.
§ 2. Subdivision 3 of section 120.05 of the penal law, as amended by
chapter 267 of the laws of 2016, is amended to read as follows:
3. With intent to prevent [a peace officer, a police officer,] prose-
cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
nal procedure law, registered nurse, licensed practical nurse, public
health sanitarian, New York city public health sanitarian, sanitation
enforcement agent, New York city sanitation worker, a firefighter,
including a firefighter acting as a paramedic or emergency medical tech-
nician administering first aid in the course of performance of duty as
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04712-01-3
A. 1299 2
such firefighter, an emergency medical service paramedic or emergency
medical service technician, or medical or related personnel in a hospi-
tal emergency department, a city marshal, a school crossing guard
appointed pursuant to section two hundred eight-a of the general munici-
pal law, a traffic enforcement officer, traffic enforcement agent or
employee of any entity governed by the public service law in the course
of performing an essential service, from performing a lawful duty, by
means including releasing or failing to control an animal under circum-
stances evincing the actor's intent that the animal obstruct the lawful
activity of such [peace officer, police officer,] prosecutor as defined
in subdivision thirty-one of section 1.20 of the criminal procedure law,
registered nurse, licensed practical nurse, public health sanitarian,
New York city public health sanitarian, sanitation enforcement agent,
New York city sanitation worker, firefighter, paramedic, technician,
city marshal, school crossing guard appointed pursuant to section two
hundred eight-a of the general municipal law, traffic enforcement offi-
cer, traffic enforcement agent or employee of an entity governed by the
public service law, he or she causes physical injury to such [peace
officer, police officer,] prosecutor as defined in subdivision thirty-
one of section 1.20 of the criminal procedure law, registered nurse,
licensed practical nurse, public health sanitarian, New York city public
health sanitarian, sanitation enforcement agent, New York city sanita-
tion worker, firefighter, paramedic, technician or medical or related
personnel in a hospital emergency department, city marshal, school
crossing guard, traffic enforcement officer, traffic enforcement agent
or employee of an entity governed by the public service law; or
§ 3. Section 120.08 of the penal law, as amended by chapter 476 of the
laws of 2018, is amended to read as follows:
§ 120.08 Assault on a peace officer, police officer, firefighter or
emergency medical services professional.
A person is guilty of assault on a peace officer, police officer,
firefighter or emergency medical services professional when, with intent
to prevent a peace officer, police officer, a firefighter, including a
firefighter acting as a paramedic or emergency medical technician admin-
istering first aid in the course of performance of duty as such fire-
fighter, or an emergency medical service paramedic or emergency medical
service technician, from performing a lawful duty, he or she causes
serious physical injury to such peace officer, police officer, fire-
fighter, paramedic or technician.
Assault on a peace officer, police officer, firefighter or emergency
medical services professional is a class [C] B felony.
§ 4. Section 120.11 of the penal law, as amended by chapter 283 of the
laws of 1993, is amended to read as follows:
§ 120.11 Aggravated assault upon a police officer or a peace officer.
A person is guilty of aggravated assault upon a police officer or a
peace officer when, with intent to cause serious physical injury to a
person whom he knows or reasonably should know to be a police officer or
a peace officer engaged in the course of performing his official duties,
he causes such injury by means of a deadly weapon or dangerous instru-
ment.
Aggravated assault upon a police officer or a peace officer is a class
[B] A felony.
§ 5. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.